Case Details

Rafat Ali Rizvi v. Republic of Indonesia (ICSID Case No. ARB/11/13)

Subject of Dispute:

Banking enterprise
Economic Sector:

Finance
Instrument(s) Invoked:

BIT Indonesia - United Kingdom of Great Britain and Northern Ireland 1976
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Rafat Ali Rizvi (British)
Respondent(s):

Republic of Indonesia (Indonesian)
Date Registered:

May 19, 2011
Date of Constitution of Tribunal:

September 21, 2011

Composition of Tribunal

President:

Gavan GRIFFITH (Australian) - Appointed by the Parties
Arbitrators:

Joan E. DONOGHUE (U.S.) - Appointed by the Claimant(s)
Muthucumaraswamy SORNARAJAH (Australian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Dentons, London, U.K.
Respondent(s):

KarimSyah, Jakarta, Indonesia
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 16, 2013 - The Tribunal renders its award; attached to the award is a separate opinion by arbitrator Muthucumaraswamy Sornarajah.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

November 15, 2013 (Claimant(s))
Date of Constitution of ad hoc Committee:

December 5, 2013

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Andrés RIGO SUREDA (Spanish)
Members:

Teresa CHENG (Chinese)
Rolf KNIEPER (German)

Initial Composition of Tribunal

President:

Andrés RIGO SUREDA (Spanish)
Arbitrators:

Teresa CHENG (Chinese)
Christoph H. SCHREUER (Austrian)
Reconstituted:

January 22, 2015: Rolf KNIEPER (German) appointed following the resignation of Christoph H. SCHREUER (Austrian)

Party Representatives

Claimant(s):

Vinson & Elkins, London, U.K.
Respondent(s):

Attorney General of the Republic of Indonesia
Rajah & Tann, Singapore, Republic of Singapore
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 4, 2015 - The ad hoc Committee issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 44.

(a) Original Proceeding

Published Decisions

Award on Jurisdiction

Separate Concurring Opinion by Arbitrator Muthucumaraswamy Sornarajah

Available on the ICSID Website

Award on Jurisdiction (July 16, 2013) English (Original)

Separate Concurring Opinion by Arbitrator Muthucumaraswamy Sornarajah (July 16, 2013) English (Original)

(a) Original Proceeding

Date	Development
May 19, 2011	The Secretary-General registers a request for the institution of arbitration proceedings.
September 21, 2011	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Gavan Griffith (Australian), President, appointed by agreement of the Parties; Joan Donoghue (U.S.), appointed by the Claimant; and Muthucumaraswamy Sornarajah (Australian), appointed by the Respondent.
October 18, 2011	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5).
October 25, 2011	The Tribunal holds a first session by telephone conference.
November 30, 2011	The Claimant files observations on the Respondent’s preliminary objections.
January 9, 2012	The Respondent files further observations on its preliminary objections.
January 30, 2012	The Claimant files further observations on the Respondent’s preliminary objections.
February 20, 2012 - February 21, 2012	The Tribunal holds a hearing on the Respondent's preliminary objections pursuant to ICSID Arbitration Rule 41(5) in Auckland, New Zealand.
April 4, 2012	The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
April 18, 2012	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
May 8, 2012	The Tribunal issues a decision on the Respondent's application for the security for costs.
May 18, 2012	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
May 28, 2012	The Respondent files a reply on the request to address the objections to jurisdiction as a preliminary question.
June 8, 2012	The Claimant files a rejoinder on the request to address the objections to jurisdiction as a preliminary question.
June 22, 2012	The Tribunal issues a decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended.
August 30, 2012	The Respondent files objections to jurisdiction.
November 1, 2012	The Claimant files a counter-memorial on jurisdiction.
November 22, 2012	The Respondent files a reply on jurisdiction.
December 13, 2012	The Claimant files a rejoinder on jurisdiction.
January 22, 2013 - January 24, 2013	The Tribunal holds a hearing on jurisdiction in Singapore.
July 16, 2013	The Tribunal renders its award; attached to the award is a separate opinion by arbitrator Muthucumaraswamy Sornarajah.

(b) Annulment Proceeding

Date	Development
November 15, 2013	The Secretary-General registers an application for annulment of the award filed by Mr. Rafat Ali Rizvi, and notifies the parties of the provisional stay of enforcement of the award.
December 5, 2013	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Andrés Rigo Sureda (Spanish), President; Teresa Cheng (Chinese); and Christoph H. Schreuer (Austrian); all members appointed by the Chairman of the Administrative Council.
February 17, 2014	The ad hoc Committee holds a first session by telephone conference.
February 20, 2014	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
May 23, 2014	Rafat Ali Rizvi files a memorial on annulment.
August 26, 2014	The Republic of Indonesia files a counter-memorial on annulment.
October 28, 2014	Rafat Ali Rizvi files a reply on annulment.
December 29, 2014	The Republic of Indonesia files a rejoinder on annulment.
January 5, 2015	Following the resignation of ad hoc Committee member Christoph Schreuer, the Secretary-General notifies the parties of the vacancy on the ad hoc Committee and the proceeding is suspended pursuant to ICSID Arbitration Rules 53 and 10(2).
January 22, 2015	The ad hoc Committee is reconstituted. Its members are: Andrés Rigo Sureda (Spanish), President; Teresa Cheng (Chinese); and Rolf Knieper (German); all members appointed by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rules 53 and 12.
February 5, 2015	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
March 13, 2015	Rafat Ali Rizvi files a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 44.
March 16, 2015	The ad hoc Committee invites the Republic of Indonesia to state whether it opposes Rafat Ali Rizvi’s request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 44.
March 26, 2015	The Republic of Indonesia files observations on the request for the discontinuance of the proceeding of March 13, 2015.
March 30, 2015	Rafat Ali Rizvi files a response to the Republic of Indonesia’s observations of March 26, 2015.
April 3, 2015	The Republic of Indonesia informs the ad hoc Committee that it does not object to Rafat Ali Rizvi’s request for the discontinuance of the proceeding.
April 14, 2015	Each party files a submission on costs.
May 4, 2015	The ad hoc Committee issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 44.